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AGFA MONOTYPE CORPORATION
END USER LICENSE AGREEMENT
We recommend that you print this End User Agreement for further reference.
This Agfa Monotype Corporation End User Agreement (the "Agreement") becomes a binding contract
between you and Agfa Monotype Corporation (a) when you click on the area marked "ACCEPT LICENSE
AGREEMENT", or, (b) if you are acquiring Font Software on a floppy disk, when you open the package
in which the font is contained. If you do not wish to be bound by the Agreement, you cannot access,
use or download the Font Software. Please read all of the Agreement before you agree to be bound by
its terms and conditions.
You hereby agree to the following:
1. You are bound by the Agreement and you acknowledge that all Use (as defined herein) of the Font
Software (as defined herein) supplied to you by AMT is governed by the Agreement.
2. "AMT" as used herein shall mean collectively Agfa Monotype Corporation, its successors and
assigns, its parent and affiliated corporations, its authorized distributors, and any third party
that has licensed to AMT any or all of the components of the Font Software supplied to you
pursuant to the Agreement.
3. "Font Software" as used herein shall mean software which, when used on an appropriate device or
devices, generates typeface and typographic designs and ornaments. Font Software shall include all
bitmap representations of typeface and typographic designs and ornaments created by or derived from
the Font Software. Font Software includes upgrades, updates, related files, permitted modifications,
permitted copies, and related documentation.
4. "Basic Licensed Unit" as used herein shall mean up to five (5) Workstations (as defined herein)
connected to no more than one (1) printer with a non-volatile memory (for example, a hard drive),
all located at a single geographic location. If you intend to use the Font Software on more
equipment than permitted by a Basic Licensed Unit, you must create an "Expanded Licensed Unit" by
obtaining from AMT, for an additional fee, a site license for all such equipment. "Licensed Unit" as
used herein shall mean a Basic Licensed Unit or an Expanded Licensed Unit as is appropriate to the
context in which the term is used. If you have acquired an entire Font Software Library (that is, a
single license for Font Software for 500 or more different typeface designs) and you use such Font
Software Library only at a single geographic location, then "Licensed Unit" shall mean up to twenty
(20) Workstations connected to no more than two (2) printers with non-volatile memories at such
geographic location.
5. "Use" of the Font Software shall occur when an individual is able to give commands (whether by
keyboard or otherwise) that are followed by the Font Software, regardless of the location in which
the Font Software resides.
6. "Derivative Work" shall mean binary data based upon or derived from Font Software (or any portion
of Font Software) in any form in which such binary data may be recast, transformed, or adapted
including, but not limited to, binary data in any format into which Font Software may be converted.
7. "Personal or Internal Business Use" shall mean Use of the Font Software for your customary
personal or internal business purposes and shall not mean any distribution whatsoever of the Font
Software or any component or Derivative Work thereof. "Personal or Internal Business Use" shall not
include any Use of the Font Software by persons that are not members of your immediate household,
your authorized employees, or your authorized agents. All such household members, employees, and
agents shall be notified by you as to the terms and conditions of the Agreement and shall agree to
be bound by it before they can have Use of the Font Software.
8. "Workstation" as used herein shall mean a component in which an individual is able to give
commands (whether by keyboard or otherwise) that are followed by the Font Software, regardless of
the location in which the Font Software resides.
9. "Commercial Product" as used herein shall mean an electronic document or data file created by Use
of the Font Software that is offered for distribution to the general public (or to some subset of
the general public) as a commercial product in exchange for a separate fee or other consideration.
By way of illustration and not by way of limitation, an electronic book or magazine distributed for
a fee shall be considered a Commercial Product; a document distributed in connection with a
commercial transaction in which the consideration is unrelated to such document (for example, a
business letter, a ticket for an event, or a receipt for purchase of tangible goods such as
clothing) shall not be considered a Commercial Product.
10. You are hereby granted a non-exclusive, non-assignable, non-transferable (except as expressly
permitted herein) license to access the Font Software (i) only in a Licensed Unit, (ii) only for your
Personal or Internal Business Use, and (iii) only subject to all of the terms and conditions of the
Agreement. You have no rights to the Font Software other than as expressly set forth in the
Agreement. You agree that AMT owns all right, title and interest in and to the Font Software, its
structure, organization, code, and related files, including all property rights therein such as
copyright, design and trademarks rights. You agree that the Font Software, its structure,
organization, code, and related files are valuable property of AMT and that any intentional Use of
the Font Software not expressly permitted by the Agreement constitutes a theft of valuable property.
All rights not expressly granted in the Agreement are expressly reserved to AMT. You may not use the
Font Software to electronically distribute a Commercial Document without a separate license from AMT
authorizing you to do so.
11. You may install and Use the Font Software on a single file server for Use on a single local area
network ("LAN") only when the Use of such Font Software is limited to the Workstations and printers
that are part of the Licensed Unit of which the server is a part. For the purpose of determining the
proper number of Workstations for which a license is needed, the following example is supplied for
illustration purposes only: If there are 100 Workstations connected to the server, with no more than
15 Workstations ever using the Font Software concurrently, but the Font Software will be used on 25
different Workstations at various points in time, a site license must be obtained creating a
Licensed Unit for 25 Workstations. The Font Software may not be installed or Used on a server that
can be accessed via the Internet or other external network system (a system other than a LAN) by
Workstations that are not part of a Licensed Unit.
12. You may electronically distribute Font Software embedded in a "Personal or Internal Business
Use" document (that is, a document other than a "Commercial Product" as defined herein) only when
the Font Software embedded in such document (i) is in a static graphic image (for example, a "gif")
or an embedded electronic document, and (ii) is distributed in a secure format that permits only the
viewing and printing (and not the editing, altering, enhancing, or modifying) of such static graphic
image or embedded document. You may not embed Font Software in a Commercial Product without a
separate written license from AMT, and you may not embed Font Software in an electronic document or
data file for any reason other than your own Personal or Internal Business Use.
13. You may not alter Font Software for the purpose of adding any functionality which such Font
Software did not have when delivered to you by AMT. If the Font Software contains embedding bits
that limit the capabilities of the Font Software, you may not change or alter the embedding bits.
Font Software may not be used to create or distribute any electronic document in which the Font
Software, or any part thereof, is embedded in a format that permits editing, alterations,
enhancements, or modifications by the recipient of such document. If you have reason to believe
that a recipient of an electronic document possesses the capability to edit, alter, enhance, or
modify such electronic document even though you have distributed it in a format which does not
permit such editing, alteration, enhancement, or modification, you shall not transmit such document
to such person.
14. You may take a digitized copy of the Font Software used for a particular document, or Font
Software embedded in an electronic document, to a commercial printer or service bureau for use by
the printer or service in printing such document but only if the printer or service bureau
represents to you that it has purchased or been granted a license to use that particular Font
Software.
15. You acknowledge that the Font Software is protected by the copyright and other intellectual
property law of the United States and its various States, by the copyright and design laws of other
nations, and by international treaties. You agree to treat the Font Software as you would any other
copyrighted material, such as a book. You may not copy the Font Software, except as expressly
provided herein. Any copies that you are expressly permitted to make pursuant to the Agreement must
contain the same copyright, trademark, and other proprietary notices that appear on or in the Font
Software. You agree not to adapt, modify, alter, translate, convert, or otherwise change the Font
Software, or to create Derivative Works from Font Software or any portion thereof. You further agree
not to use Font Software in connection with software and/or hardware that create Derivative Works of
such Font Software. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt
to discover the source code of the Font Software, provided, however, that if you are located in a
European Community member country or any other country which provides rights materially similar to
the rights set forth in this proviso, you may reverse engineer or decompile the Font Software only
to the extent that sufficient information is not available for the purpose of creating an
interoperable software program (but only for such purpose and only to the extent that sufficient
information is not provided by AMT upon written request). You agree to use trademarks associated
with the Font Software according to accepted trademark practice, including identification of the
trademark owner's name. Trademarks can only be used to identify printed output produced by the Font
Software. The use of any trademark as herein authorized does not give you any rights of ownership in
that trademark and all use of any trademark shall inure to the sole benefit of AMT. You may not
change any trademark or trade name designation for the Font Software.
16. You may not rent, lease, sublicense, give, lend, or further distribute the Font Software, or any
copy thereof, except as expressly provided herein. You may transfer all your rights to use the Font
Software to another person or legal entity provided that (i) the transferee accepts and agrees to be
bound by all the terms and conditions of the Agreement, and (ii) you destroy all copies of the Font
Software, including all copies stored in the memory of a hardware device. If you are a business or
organization, you agree that upon request from AMT or AMT's authorized representative, you will with
thirty (30) days fully document and certify that use of all AMT Font Software at the time of the
request is in conformity with your valid licenses from AMT.
17. You may make one back-up copy of Font Software for archival purposes only, and you shall retain
exclusive custody and control over such copy. Upon termination of the Agreement, you must destroy
the original and all copies of the Font Software.
18. AMT warrants to you that the Font Software will perform substantially in accordance with its
documentation for the ninety (90) day period following delivery of the Font Software. To make a
warranty claim, you must, within the ninety (90) day warranty period, return the Font Software to
the location from which you obtained it along with a copy of your receipt or, if such Font Software
is acquired on-line, contact the on-line provider with sufficient information regarding your
acquisition of the Font Software so as to enable AMT to verify the existence and date of the
transaction. If the Font Software does not perform substantially in accordance with its
documentation, the entire, exclusive, and cumulative liability and remedy shall be limited to the
refund of the license fee you paid to AMT to obtain delivery of the Font Software. AMT DOES NOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES
THE SOLE AND EXCLUSIVE REMEDIES FOR AMT'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED
WARRANTY, AMT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL AMT BE
LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN
IF AMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY
THIRD PARTY SEEKING SUCH DAMAGES EVEN IF AMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential
or special damages, so the above exclusion may not apply to you. Also, some states or jurisdictions
do not allow the exclusions of implied warranties or limitations on how long an implied warranty may
last, so the above limitations may not apply to you. To the greatest extent permitted by law, any
implied warranties not effectively excluded by the Agreement are limited to ninety (90) days. Some
jurisdictions do not permit a limitation of implied warranties where the product results in physical
injury or death so that such limitations may not apply to you. In those jurisdictions, you agree
that AMT's liability for such physical injury or death shall not exceed One Hundred Thousand Dollars
(U.S. $100,000), provided that such jurisdictions permit a limitation of such liability. This
warranty gives you specific legal rights. You may have other rights that vary from state to state or
jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.
19. The Agreement will be governed by the laws of Illinois applicable to contracts wholly entered
and performable within such state. All disputes related to the Agreement shall be heard in the
Circuit Court of Cook County, Illinois, U.S.A. or the United States District Court for the Northern
District of Illinois, Chicago, Illinois U.S.A. Both you and AMT agree to the personal jurisdiction
and venue of these courts in any action related to the Agreement. The Agreement will not be governed
by the United Nations Convention of Contracts for the International Sale of Goods, the application
of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it
will not affect the validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms.
20. The Agreement shall automatically terminate upon failure by you (or any authorized person or
member of your immediate household to whom you have given permission to Use the Font Software) to
comply with its terms. The termination of the Agreement shall not preclude AMT from suing you for
damages of any breach of the Agreement. The Agreement may only be modified in writing signed by an
authorized officer of AMT. You agree that the Font Software will not be shipped, transferred or
exported into any country or used in any manner prohibited by the United States Export
Administration or any applicable export laws, restrictions or regulations.
21. You have the rights expressly set forth in the Agreement and no other. All rights in and to the
Font Software, including unpublished rights, are reserved under the copyright laws of the United
States and other jurisdictions. All rights reserved. Notwithstanding the foregoing, to the extent
that any law, statute, treaty, or governmental regulation shall be deemed by a court of competent
jurisdiction to provide you with any additional or different rights from those provided herein and
such rights shall be deemed non-waiveable as a matter of law and to supersede the rights
specifically provided herein, then such law, statute, treaty, or governmental regulation shall be
deemed to be made a part of the Agreement. To the extent that any such rights created by any law,
statute, treaty or governmental regulation are waiveable, you agree that your acceptance of the
Agreement shall constitute an effective and irrevocable waiver of such rights. The Agreement may be
enforced by AMT or by an authorized dealer acting on behalf of AMT.
22. If this product is acquired under the terms of a (i) GSA contract - use, reproduction or
disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii)
DOD contract - use, duplication or disclosure by the Government is subject to the applicable
restrictions set forth in DFARS 252.277-7013; (iii) Civilian agency contract - use, reproduction, or
disclosure is subject to FAR 52.277-19(a) through (d) and restrictions set forth in the Agreement.
"Monotype" is a trademark of Agfa Monotype Limited registered in the U.S. Patent and Trademark
Office and elsewhere. All other trademarks are the property of their respective owners.
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